NGCOBO J are not parties to criminal proceedings but whose constitutional rights may be affected. [4] There are two other equally important questions which arise from the manner in which the central question arose in these cases and the relief that the High Court granted. The first concerns the powers of a court to raise a constitutional issue of its own accord. The other concerns the power of the High Court to make declaratory and supervisory orders. The importance of these questions lies in the fact that they often arise in the context of child complainants in sexual offence cases, who are not parties to the proceedings in which they testify, yet who have constitutional rights that require protection. They also arise in the context of our adversarial system in criminal trials where those accused of crimes enjoy rights to a fair trial and where the presiding officer is neutral and may not take any side in the contest. They also arise in the context of a constitutional state where the Constitution is the supreme law and any law or conduct that is inconsistent with it is invalid. [5] But, as the judgment of the High Court10 and the submissions made by the parties in these cases amply demonstrate, behind these legal questions lies the core issue concerning the administration of justice. Specifically, two questions arise in this regard. First, whether the provisions of the CPA that were enacted to protect child complainants from the mental stress and anguish associated with testifying in criminal proceedings are being interpreted and implemented consistently with the Constitution. 10 S v Mokoena 2008 (5) SA 578 (T). 4